The Gazette 1916-17

THE GAZETTE OF THE 0f

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Vol. X, No. 10.]

April, 1917.

r FOR CIRCULATION L AMONGST MEMBERS.

Meetings of the Council.

appears :—'' A court of inquiry has no power " to compel the attendance of civilian " witnesses." Section 1 of the Army (Courts of Inquiry) Act, 1916 (which Act is to continue in force until the termination of the present war and no longer), provides that " the rules as to the " procedure of courts of inquiry under Sub- " section (5) of Section 70 of the Army Act '' may, in cases where the Secretary of State " certifies that the evidence of persons who " are not subject to military law will be " necessary, make provision for compelling '' such persons to attend as witnesses, to give '' evidence, and to produce documents before " the court . . . ." House of Lords Appeals. A letter was read in reply from the Taxing Officer of Judicial Costs in the House of Lords, acknowledging receipt of the amend ments suggested by the Costs Committee of the Council in the draft forms of Bills of Costs (as between party and party) applicable to judicial taxations in the House of Lords in appeals from Ireland, which draft had been received from the Taxing Officer. The letter stated that the Taxing Officer agreed with almost all of the amendments suggested. Preliminary Examination. Memorials, under Section 18, from two Law Clerks for modified Preliminary Examinations were considered, and it was resolved to consent to the granting of a modified examin- tion under the Judges' minute of 12th May, 1892, in both cases.

March 14th. Military Courts of Inquiry.

A member of the Society had informed the Council that a collision occurred between a motor car, the property of his client, and a military motor waggon, and that the client having got an intimation from the military authorities requesting him to attend at an inquiry, went to the inquiry accompanied by his Solicitor, but on arrival the military authorities refused to allow the Solicitor to be present at the inquiry. At the request of the Council the President had an interview with the General Officer Commanding-in-.Chief, at which the President requested that Solicitors should be granted permission to attend military courts of inquiry held to investigate cases of damage to persons or property and out of which legal proceedings might subsequently ensue. The General Officer Commanding-in-chief pro mise:! that the matter would receive con sideration. A letter was read stating that the request of the President had been submitted to the Army Council, and that the Army Council were of opinion that the proposal appeared to them to be inconsistent with the character and purpose of Courts of Inquiry as con templated by the Manual of Military Law and the King's Regulations, and that, therefore, it could not be entertained. On page 638 of the Manual of Military Law, 1914 (reprinted, 1916), the following note